2026 WHS Updates for NSW High-Risk Industries
Posted on March 25, 2026
If you are a Person Conducting a Business or Undertaking (PCBU) in NSW, be aware that major Work Health and Safety (WHS) changes start in 2026, coming into effect on the 1st July. These changes will affect enforcement, reporting duties, and regulator expectations.
Sydney Safety Training has prepared a summary of the WHS amendments most relevant to the sectors we service and the nationally recognised training courses we deliver. While the broader 2026 reforms also address psychosocial hazards and digital work systems, this article focuses specifically on the physical safety obligations that affect high-risk worksites.
Below is a simplified overview of the key regulatory changes and what they mean for PCBUs managing operational safety in NSW.
WHS Legislation Updates
We examine four of the most relevant changes affecting NSW heavy-duty, construction and mining industries in particular.
1.
Incident Notification Changes
Changes here will help PCBUs better understand their notification obligations. They include:
- The types of incidents requiring notification
- The objective test that guides PCBUs to determine whether a serious injury or illness notification is required
- PCBU workplace duties around notifying one another of any incidents
- Who can provide medical treatment for substance exposure
- How incident sites and evidence must be preserved
Expanded duties also extend to:
- Dangerous incidents involving falls, mobile plant and electrical hazards
- Serious acquired brain, crush and bone fracture injuries
- Violent and psychosocial incidents that pose a serious risk of harm
- Work-related suicides or attempted suicides
- Absence periods for 15 or more consecutive days resulting from work-related physical injury
Why this might be relevant to you:
Understanding and complying with expanded incident notification requirements will be increasingly important from 2026.
Comprehensive training, including First Aid and CPR, Working at Heights, Confined Space and Rescue, supports accurate reporting by ensuring workers can recognise reportable incidents and respond appropriately.
Updated training records and competency assessments also provide documented evidence of workforce capability, which can be critical when demonstrating compliance with notification duties to SafeWork NSW or other regulators.
2.
Silica Worker Register and Information Sharing Duty
We see WHS legislation updates here that focus on noise risk management and work safety systems.
As of July 2026, Codes of Practice will carry additional legal weight, requiring PCBUs to comply unless they can defer to an equal or higher safety standard.
NSW WHS law, in particular, has also expanded:
- Union permit‑holder powers
- Extended prosecution timeframes
Key new obligations include:
- All high-risk silica work will require registration on the Silica Worker Register
- New electrical standards
- Compulsory hearing tests within three months of workers exposed to hazardous noise, and then every two years following (this came into effect from 1st January 2026)
- Workers must be registered within 28 days of starting high-risk silica work
Why this might be relevant to you:
Ensuring workers are trained in hazard identification, control measures, and respiratory risk management supports silica risk control. It also complements duties under the Silica Worker Register.
While Sydney Safety Training does not register workers itself, the Silica Awareness training we deliver helps employers build robust WHS systems for effective silica hazard control and documentation, which, in turn, supports compliance with SafeWork NSW’s expectations under the new register regime.
This is particularly relevant for businesses preparing risk assessments and health monitoring plans as part of their silica management strategy.
3.
Increased Regulatory Penalties and Enforcement Tools
WHS changes also deliver more robust enforcement mechanisms and potentially higher penalty notices for non-compliance with WHS obligations, including failure to report incidents or to maintain required training and controls. This means up-to-date training and compliance systems are increasingly important.
Why this might be relevant to you:
Such WHS updates result in stronger enforcement and higher penalties, and increase the legal and financial consequences of inadequate safety controls.
Ensuring workers hold current, nationally recognised competencies, such as Working at Heights, Confined Space, Rescue and First Aid qualifications, supports compliance with WHS duties and provides documented evidence of due diligence.
Up-to-date training records and competency assessments may form part of the material regulators examine in the event of a serious incident.
4.
Industrial Manslaughter Offence
This update means it is now a specific criminal offence for a PCBU, or an officer of a PCBU, to cause a worker’s death through grossly negligent conduct in relation to WHS duties.
- The offence applies where someone with a health and safety duty breaches that duty and the breach causes the death of a worker.
- It builds on existing WHS duty obligations (i.e., duty holders must take reasonably practicable steps to ensure safety).
Why this might be relevant to you:
The introduction of the industrial manslaughter offence significantly increases the legal consequences of failing to manage known workplace hazards.
Activities such as working at heights, confined space entry, electrical work and plant operation carry well-established risks that require appropriate training and supervision.
Demonstrating that you have taken reasonably practicable steps to manage risk includes ensuring workers hold current, nationally recognised competencies and maintaining training records. In the event of a fatal incident, regulators may examine whether adequate hazard controls, supervision and competency requirements were in place.
Contact Sydney Safety About WHS Changes
Keeping your workforce up to date with WHS legislation updates and nationally recognised refresher training is a critical part of meeting your obligations in NSW. If your business operates in construction, mining, utilities or other high-risk industries, Sydney Safety Training can assist with refresher courses in Working at Heights, Confined Space, First Aid, CPR and other industrial competencies.
Contact our team to learn more about WHS updates, review your current certification status, and ensure your staff remain compliant, competent and prepared for the 2026 WHS regulatory environment.
FAQs About WHS Changes
Do the 2026 WHS updates change existing training requirements?
The 2026 WHS updates do not create new primary training duties. PCBUs must continue to ensure workers are trained and competent so far as is reasonably practicable under the Work Health and Safety Act 2011 (NSW). However, expanded enforcement and notification requirements underscore the importance of maintaining current, documented training records.
Does the industrial manslaughter offence create new safety duties?
No. The industrial manslaughter offence in NSW does not introduce new primary WHS duties. It strengthens the consequences where existing health and safety duties are breached through gross negligence and result in a worker’s death.
How should PCBUs review their compliance systems in light of the 2026 WHS updates?
PCBUs should review their incident reporting procedures, risk assessments, supervision practices and worker competency records to ensure they align with current WHS legislation. Regular audits of training certifications and safety documentation can help maintain compliance.
Will regulators review training records during a WHS investigation?
Yes. In the event of a serious incident, regulators may examine whether workers were adequately trained and competent for the tasks they were performing. Training records, Statements of Attainment and documented risk controls may form part of the evidence reviewed.